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The rule of law is one of the longest established common law fundamental principles of the governance of the United Kingdom, dating to Magna Carta of 1215, particularly jurisprudence following its late 13th century re-drafting. It as a minimum subjects an otherwise absolute monarch (executive) and all free people within its jurisdictions, primarily those of England and Wales, Scotland and Northern Ireland to legal doctrines known as the general principles of law. It has evolved to work only alongside equal application of the law to all free people 'equality before the law' and within the framework of the constitutional monarchy supports the legal doctrine of parliamentary sovereignty. Exactly what it entails beyond this and the way that different aspects of the rule of law principle are applied, depends on the specific situation and era. Among recognised academics in this field are Albert Dicey, Joseph Raz (building on thoughts by Friedrich Hayek) and Trevor Allan, who have proposed contrasting ideas about the scope of the rule of law: specifically, whether the emphasis is on legal form or substantive content and normatively if it should be. ==Ideas== The rule of law is emphasised through many separate ideas. Among them are that law and order in contrast to anarchy; the running of government in line with the law (i.e. "legal government") and normative discussion about the rights of the state as compared to the individual.〔Bradley, Ewing (2011). p. 95.〕 Albert Venn Dicey described the rule of law as acting in three ways: the predominance of regular law as opposed to the influence of arbitrary power; equality before the law; and, that constitutional laws are not the source but the consequence of the rights of individuals.〔Dicey (1914). Part 2, chapter 4.〕 The specific checking of arbitrary power is its oldest and most definitive concept as a consequence of Magna Carta and its byproduct, the first representative Parliament of England (and soon officially thereafter known as of England of Wales), which denied for the first time from the King the completely unfettered powers formerly exercised by the most powerful absolute monarchs on the throne. The key clause in the document has been consistently translated from identical, though abbreviated, latin. :''To no one will we sell, to no one deny or delay right or justice.'' This was by the 14th century interpreted by Parliament as guaranteeing trial by jury.〔("Magna Carta an introduction" ) The British Library. Retrieved 4 February 2015.〕〔 Similarly in Scotland a Parliament evolved. Before its union with England and Wales in 1707 it was long portrayed as a constitutionally defective body〔R. Rait, 'Parliaments of Scotland' (1928)〕 that acted merely as a rubber stamp for royal decisions, but research during the early 21st century has found that it played an active role in Scottish affairs, and was sometimes a thorn in the side of the Scottish crown.〔Brown and Tanner, passim; R. Tanner, ''The Late Medieval Scottish Parliament'', ''passim''; K. Brown and A. Mann, ''History of the Scottish Parliament'', ii, ''passim''〕 The enforcement of the doctrine of habeas corpus was widely achieved in the 17th century, however with slavery primarily in the colonies continuing, it was not until the successes of abolitionism in the United Kingdom, the Slave Trade Act of 1807 and Slavery Abolition Act 1833, that equality before the law throughout the Empire was in a formal legal sense achieved in this respect. The Bill of Rights 1689 and two most recent Acts of Settlement (1701 and 1703) imposed constraints on the monarch and it fell to Parliament under the doctrine of Parliamentary sovereignty to impose its own constitutional conventions involving the people, the monarch (or Secretaries of State in cabinet and Privy Council) and the court system. All of these three groups of institutions have proven wary of upsetting or offending the others, adopting conventions designed to ensure their long-term integrity and hence self-preservation.〔 After ordinary executive decisions were delegated, such as to a recognised Prime Minister and cabinet system from the mid 18th century, following on from the Bill of Rights 1689 in the Glorious Revolution, the highest courts laid down jurisprudence entrenching the growing doctrines of the Enrolled bill rule and Parliamentary sovereignty. In return Parliament has acquiesced in the senior courts' ability to declare unlawful new legislation based on older Treaty-based legislation for instance the Merchant Shipping Act 1988 in the Factorame I and IV decisions and executive actions in judicial reviews often based on the Human Rights Act 1998 (and in turn or separately the Universal Declaration of Human Rights and International Covenants). These developments have entrenched the doctrine of the rule of law as part of the constitution. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Rule of law in the United Kingdom」の詳細全文を読む スポンサード リンク
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